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Amazon is challenging its inclusion in a group of companies subject to the European Union’s strict online content rules, in a move that could prompt other tech giants to follow suit.
The challenge in Luxembourg’s General Court, the second-highest in Europe, is the first by Big Tech, and comes two weeks after German online retailer Zalando sued the European Commission over the same issue.
Under the Digital Services Act (DSA), which came into effect last year, 19 platforms and search engines are classified as very large online platforms with more than 45 million users.
Designating a VLOP requires companies to do more to tackle illegal content online, undertake risk management, conduct external and independent audits and share data with authorities and researchers.
Amazon said it is not the largest retailer in any of the EU countries where it operates, and larger competitors in these countries are not classified as VLOPs and has asked the General Court to revoke its classification.
“Amazon does not fit this description of a ‘very large online platform’ under the DSA and therefore should not be classified as such,” an Amazon spokesperson said on Tuesday.
“If the VLOP designation is applied to Amazon but not to other large retailers across the EU, Amazon will be unfairly singled out and forced into onerous administrative obligations that do not benefit EU consumers.”
The European Commission said it had taken note of Amazon’s challenge and would defend its position in court.
“The scope of the DSA is very clear and is set to cover all platforms that expose their users to content, including the sale of products or services, that could be illegal,” said a spokesperson for the commission.
They added, “For markets as it is for social networks, the broad reach of users increases the stakes and the platforms’ responsibilities to deal with them.”
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